The following documents provide information about BroadAspect's standards and practices as regard our customers. Please review them if you have any question about what is and is not allowed. Your understanding of the terms and conditions governing the use of our website, computer network, products and services and your cooperation in policing those persons that may be violating these terms and conditions will ensure that all of our products, services and computer network resources are used in a manner that maximizes their availability to our customers and website users.
We require that every customer accept and agree to BroadAspect's Terms of Service for each service that the customer has selected.
The Terms of Service constitute a legal agreement between the customer and BroadAspect. In the Terms of Service, each customer agrees, among other things, to be bound by the terms and conditions of this Acceptable Use Policy (AUP). This AUP also binds all users and visitors to BroadAspect’s services and Web sites; by the act of using BroadAspect’s services or visiting its Web sites, all such users and visitors agree to be bound by this AUP and by the Terms of Service. (Customers, users, and visitors are referred to herein collectively as "Customers.")
BroadAspect requires that all Customers conduct themselves as good citizens of the Internet and at all times behave with respect for others. Each Customer is responsible for preventing violations of this AUP by third parties accessing BroadAspect services through Customer's computers or accounts, including without limitation hackers and Customer's own users.
The following activities are expressly prohibited:
1. Spam/Email Marketing. BroadAspect does not tolerate Spam or email marketing of any kind, whether legal or illegal. Do not send more than one hundred (100) unsolicited emails during any twenty-four (24) hour period. Any message sent to a recipient from a purchased, rented, licensed, or traded list of email addresses is automatically considered unsolicited. (Messages forbidden by this paragraph are collectively referred to herein as "Email Marketing.") (Email Marketing creates a risk that BroadAspect will be blacklisted from other networks and so could adversely affect other BroadAspect users.)
Do not violate the CAN-SPAM Act of 2003. Do not send Email Marketing Messages or facilitate Email Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by Email Marketing, even if such conduct is CAN-SPAM compliant.
Do not set up an open mail relay that is not password protected or that could allow anyone to send Email Marketing Messages.
2. Intellectual property infringement, including violations of copyright, trademark, and patent rights, and use or distribution of pirated software.
3. Hacking or perpetration of any security breach.
4. Unauthorized access to any computer or system, including intrusion into or scanning of other BroadAspect accounts.
5. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene, or harassing.
6. Child pornography or any other activity harmful to minors. (BroadAspect does allow hosting of adult content that is legal under U.S. law, including applicable state law, provided such content does not fit any excluded criterion listed in this Part A or otherwise violate any BroadAspect policy.)
8. Violation of privacy rights
9. Use of third party software without a proper license or other appropriate permission, including Microsoft software.
10. Network attacks or any unfriendly effort to interfere with service on another network or server.
11. Virus distribution or distribution of any worm or other harmful code.
12. Use of Internet relay chat ("IRC") , including hosting of an IRC server, running IRC bots, use of a BroadAspect server as an IRC client or proxy, and use of IRC scripts or programs that interfere with service to other users on any server or network.
13. Illegal activities of any kind
Investigations, disruptions, & security:
A. BroadAspect may suspend Service in whole or in part without advanced notice if it reasonably suspects an AUP violation. Customer will reimburse BroadAspect for any expenses resulting from Customer's violation of the AUP, including investigation fees (not to exceed $500 per incident or claim) and attorneys' fees. Investigation fees include fees of $75.00 per half-hour for each BroadAspect staff-member. BroadAspect may also disable Customer's service if BroadAspect suspects that such service is the target of an attack or in any way interferes with services provided to other customers, even if Customer is not at fault. BroadAspect does not issue refunds for terminating service due to any of the causes above.
Customer is responsible for the use of its service, including use by hackers and other unauthorized third parties. Customer's responsibility includes payment for exceeding transfer and bandwidth limits.
Except where BroadAspect accepts such responsibility through provision of Managed Services (per the Terms of Service), Customer is responsible for maintaining security, including disaster recovery systems and backups. (Customer is advised to maintain backups on its own premises.)
B. Reporting AUP Violations:
BroadAspect requests that anyone with information about a violation of this AUP, or of BroadAspect's Terms of Service, report it by sending an email to abuse@BroadAspect.com.
*Some of the terms of this AUP may overlap terms of the BroadAspect Terms and Conditions. In the event of any inconsistency, the BroadAspect Terms and Conditions will govern the relationship between BroadAspect and Customer.
As a BroadAspect customer, customer is in agreement with AUP terms and conditions.
Acceptable Use Policy (“AUP”) - Version 3.5
Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the Internet’s vast array of information, tools, and opportunities with complete confidence.
BroadAspect collects information in different ways from Visitors and Members who access the various parts of our Services and the network of Web sites accessible through our Service. We use this information primarily to provide a customized experience as you use our Services and generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission before hand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.
Members are asked to provide certain personal information when they sign up for our Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where BroadAspect and a partner jointly promote the Services, BroadAspect may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. BroadAspect may also generate non identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non identifying information to sell advertisements that appear on the Services.
BroadAspect may display online advertisements. We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, males between 25 and 55 years of age) and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience. BroadAspect does not share personal information about its Visitors or Members with these advertisers.
We may use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.
When Visitors or Members send email inquiries to BroadAspect, the return email address is used to answer the email inquiry we receive. BroadAspect does not use the return email address for any other purpose and does not share the return email address with any third party.
We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other BroadAspect customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.
It is BroadAspect’s policy not to use or share the personal information about Visitors of Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, BroadAspect may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our acceptable use policy or other user policies; to operate the Services properly; or to protect BroadAspect and our Members.
Please remember that any information you may disclose in our Member Directory, or other public areas of our Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
Subscriptions to some newsletters can be managed through the BroadAspect Support website. In addition each newsletter edition contains information about how to unsubscribe.
You may also unsubscribe from various newsletters by sending a letter, including your name, email address and title of the marketing material you wish to unsubscribe from to our mailing address found on our contact us web page.
We may modify this Policy from time to time. When we make material changes to this policy we will post the revised policy on the homepage of our site. You can tell when this Policy was last updated by looking at the date at the top of the Policy. Any changes to our Policy will become effective upon posting of the revised Policy on the site. Use of the site following such changes constitutes your acceptance of the revised Policy then in effect.